Insight Technology Solutions, LLC (C-88259-SB)

B-420543,B-420543.2 May 27, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Insight Technology Solutions, LLC, of Bowie, Maryland, protests the terms of request for proposals (RFP) No. C-88259-SB, issued by the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) for level 1 call center support services for the agency's student and exchange visitor program (SEVP). Insight contends that the solicitation's requirement that the awardee possess a capability maturity model integration (CMMI) level 3 certification at the time of award is unduly restrictive of competition. We sustain the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: Insight Technology Solutions, Inc. File: B-420543; B-420543.2 Date: May 27, 2022 Alexander B. Ginsberg, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP; Meghan D. Doherty, Esq. and Toghrul Shukurlu, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Javier A. Farfan, Esq., Department of Homeland Security, for the agency. Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that requirement to possess capability maturity model integration (CMMI) level 3 certification is unduly restrictive of competition is denied where the requirement is reasonably related to the agency’s needs. 2. Protest of requirement that offerors submit evidence of CMMI level 3 certification at the time of proposal submission, rather than at the time of award or performance, is sustained where the requirement exceeds the agency’s reasonable needs. DECISION Insight Technology Solutions, LLC, of Bowie, Maryland, protests the terms of request for proposals (RFP) No. C‑88259‑SB, issued by the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) for level 1 call center support services for the agency’s student and exchange visitor program (SEVP). Insight contends that the solicitation’s requirement that the awardee possess a capability maturity model integration (CMMI) level 3 certification at the time of award is unduly restrictive of competition. We sustain the protest. BACKGROUND On December 21, 2021, the agency issued the solicitation to firms holding contracts under the National Institutes of Health’s chief information officer-solutions and partners 3 small business (CIO-SP3 SB) governmentwide acquisition contract (GWAC). Agency Report (AR), Tab 10, RFP at 1; Contracting Officer’s Statement (COS) at 9.[1] The RFP contemplated the issuance of a task order, on a best‑value tradeoff basis, for a 12-month base period and four 12-month option periods, to provide level 1 call center support services in support of the agency’s SEVP Response Center (SRC).[2] RFP at 1. The RFP initially set January 12, 2022, as the deadline for the receipt of proposals. Id. at 2. The RFP was issued as part of a two-phase procurement. In phase I, the agency provided what it characterized as a “Phase I Opt-In Solicitation,” including a draft performance work statement (PWS), to firms holding a CIO-SP3 SB contract. AR, Tab 7, Phase I RFP at 1; COS at 3.[3] The phase I RFP required interested firms to affirmatively respond that they wished to participate in phase II by October 22, 2021. Phase I RFP at 2‑3. Firms that failed to affirmatively opt in by the October 22 deadline would not be allowed to participate in phase II.[4] Id. For phase II, the RFP established that the agency would conduct an initial evaluation of proposals considering two evaluation factors, certifications and experience, and then perform a “down-select” to a maximum of four “best-suited” proposals to continue to phase III and be considered for award. RFP at 8‑9. In phase III, the agency was to evaluate the remaining proposals considering two additional evaluation factors: technical capability and price. Id. at 3, 13‑14. The initial RFP required that offerors possess a CMMI level 1 or greater certification at the time of proposal submission. Id. at 7-8; AR, Tab 11, PWS at 7. Offerors were required to submit any questions regarding the solicitation by January 4, 2022. RFP at 2. On January 7, the agency responded to questions submitted by potential offerors and issued amendment A000001 to the RFP. AR, Tab 19, RFP amend. A000001; COS at 10. Amendment A000001 revised the RFP’s CMMI certification requirement to require that offerors demonstrate CMMI level 3 or greater certification at the time of proposal submission.[5] Id. at 5‑6. Amendment A000001 also extended the deadline for receipt of proposals to January 19. Id.